Drug smuggling charges carrying a possible life sentence were thrown out of court after a Windsor judge says the cross-border truck driver’s Charter rights were violated in an “egregious” manner.
Part of the judge’s detailed and scathing 37-page decision points to “highly concerning” training practices at the Canada Border Services Agency (CBSA) in relation to how strip searches are conducted.
Just after midnight on Oct. 29, 2023, Harinder Singh Saini was pulled into secondary inspection at the Ambassador Bridge.
While he was detained, CBSA officers say they discovered 121 bricks of cocaine in his trailer with a street value of between $10.8 million and $13.2 million as well as $10,000 in cash.
If this proceeded to trial, Saini would have pleaded not guilty because “he did not know” the drugs were in his trailer, according to Saini’s defence lawyer Rafik Kodsy.
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On May 29 — just days before a jury trial was set to begin — Superior Court Justice Jennifer Bezaire issued a stay of the proceedings, which means the charges cannot be re-filed by the Crown.
“Although it is somewhat comforting that the cocaine was seized and did not make it onto the streets, the seriousness of the alleged offences made this decision very difficult,” said Bezaire.
However, Bezaire also noted that the stay was necessary because it risked undermining the integrity of the judicial system, which “far outweighs the seriousness of the offences.”
“This is one of the clearest cases where a stay of proceedings is warranted,” said Bezaire, noting that it’s the most drastic measure at her disposal.
Two CBSA officers violated Saini’s Charter rights seven times, Bezaire stated in her ruling.
In a statement, a CBSA spokesperson said the agency continues to review the judge’s decision on this case.
“As a law enforcement agency entrusted with protecting Canada’s borders, the CBSA holds its employees to a high standard of conduct,” the statement said. “We take pride and have confidence in our workforce, in their professionalism, and the good work they do to protect Canada’s communities and prosperity.”
Saini was subjected to a strip search while being detained that lasted roughly three minutes.
Bezaire found that officers did not have reasonable grounds to perform that strip search and it was conducted in an unreasonable manner.
The officers told the court they believed Saini could have more cash on him and weren’t aware of the drugs in the truck trailer at the time of the strip search.
In 2001, the Supreme Court of Canada ruled that there is a high bar for officers to perform a strip search and they simply cannot be automatic when someone is arrested.
The judge said the officers did not receive approval for a supervisor to conduct and did not keep notes to “permit a meaningful court review,” defying two pieces of legislation CBSA officers are expected to follow.
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The highest court also ruled that when strip searches are conducted, the suspect cannot be fully nude at any one time.
Saini was told to get fully undressed, asked to lift up his genitals and bend over for a visual examination of his rectum.
“I find that the officers conducted the strip search in the most degrading and humiliating manner,” said Bezaire.
Saini also asked to speak with a supervisor and a lawyer before the search, but wasn’t permitted until after, “making his rights in this respect virtually meaningless,” said Bezaire.
“The officers flagrantly denied Mr. Saini his right to counsel at a time when he needed it most, just before they subjected him to a degrading and highly intrusive strip search that was wholly unnecessary in the circumstances,” said Bezaire.
In 2023, when this incident occurred, the judge found that CBSA policy mandated strip searches to be conducted in this “degrading way” where the suspect is fully naked.
The Supreme Court guidance on strip searches also states that an individual should never be completely undressed at any given time.
By 2024, Bezaire noted that CBSA update its policy to comply with Canadian laws around strip searches.
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However, when the two officers testified in early 2026, both were not aware of the update, which Bezaire said means the policy was updated “on paper only and not in practice.”
“This is highly concerning,” Bezaire said. “The evidence points to a very serious and concerning training and policy issue within CBSA.”
In its statement, the CBSA did not answer a question about why the 2024 policy was not in practice with officers, but said all officers receive training on strip searches.
“This training has been an integral component of the program since its inception and covers the applicable legislative framework, CBSA policies and procedures, Charter requirements, and note-taking standards related to the conduct of strip searches,” the statement read.
“The agency’s training of border services officers is reviewed and updated on an ongoing basis.”
“The officers involved in this case did not know about that policy change until I had examined them in January of this year,” said Kodsy.
“That’s why this was so egregious and ultimately why I had been arguing there was no alternative remedy other than a stay of proceedings,” said Kodsy.
“The court had to disassociate itself from this conduct: a Canada-wide state actor essentially not following the Supreme Court’s ruling.”
The judge also found that Saini’s right against self-incrimination was violated when he was questioned about the $10,000 of cash found in his truck prior to being detained and before speaking with a lawyer.
Saini was not initially told why he was being detained, violating another section of his Canadian Charter of Rights and Freedoms, Bezaire found.
CBSA officers additionally failed to inform Saini of his right to a lawyer before being questioned and delayed making a call to get him legal counsel, the judge found.
“The officers had found the currency, suspected that he was involved in criminality and were improperly compelling him to answer their questions,” said Bezaire.
Kodsy said he hopes this ruling and the stay of these proceedings will prompt change at the CBSA and highlight the importance of law enforcement upholding individuals’ Charter of Rights and Freedoms when conducting their investigations.
